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If there exists delegated legislation under an Act and subsequently the Act is declared to be unconstitutional and void ab initio, what will be the fa
Question

If there exists delegated legislation under an Act and subsequently the Act is declared to be unconstitutional and void ab initio, what will be the fate of the delegated legislation?

A.

The delegated legislation is also nullified along with the Act.

B.

Actions already taken under the delegated legislation continue to be valid.

C.

The delegated legislation survives until explicitly struck down.

D.

The delegated legislation is nullified only if a specific challenge to the delegated legislation was raised.

Correct option is A


If the parent Act is declared void ab initio, all subordinate or delegated legislation created under it automatically falls because it derives its validity and authority from the parent Act. The principle of subordination invalidates such legislation upon the nullification of the Act.

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